An article from Allen & Overy on 5 October was connected with an important business and human rights case on the docket of the US Supreme Court. It has agreed to determine the contested scope of the Alien Torts Statute in the context of an appeal by Nestlé USA Inc, the US affiliate of Swiss-based Nestlé, and Cargill Inc, the largest privately held company in the US. They, together with the Solicitor General, on behalf of the Trump administration, challenge the holding by the Court of Appeals for the Ninth Circuit that US corporations can be held liable under the ATS for aiding and abetting human rights violations abroad by virtue of their corporate conduct in the US. The ruling involves 3 former child slaves who accused Nestlé and Cargill of aiding and abetting human rights violations, and a court had found that they had aided and abetted its overseas suppliers’ violations of international norms.
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